QUESTION

Can I discriminate against smokers when hiring child care workers?

Asked on Aug 20th, 2015 on Business Law - Minnesota
More details to this question:
It poses a health risk to the children that are breathing in 3rd hand smoke from the worker's clothing because they are being held, sitting in laps, getting hugs, etc.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I am not familiar with Minnesota law, but I am unaware of any statute which contains a general prohibition against discrimination in employment, or which would require you to treat smokers equally.  While many jurisdictions have their own local laws which may expand protections, the Federal laws against discrimination in hiring generally apply only to employers of a certain size, and protect workers from discrimination on the basis of things like gender, race, national origin, etc.  If you, for example, didn't want to hire anybody who was a Red Sox fan, I know of no reason why you couldn't follow that practice.   
Answered on Aug 20th, 2015 at 7:39 AM

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